43. In this situation, four soldiers belonging to the Border Forces Operations Post got into their patrol vehicle and began to pursue the yellow truck. After driving between 2 and 5 kilometers, the patrol vehicle caught up with the truck and flashed its lights and hooted its horn in order to make the truck stop; however, the truck driver kept going.58 The highway that both vehicles were on was irregular and there was poor visibility because of darkness owing to the early hour. In addition, the truck was zigzagging at a “considerable speed;” the driver of the patrol car was driving on that highway for the first time, and his vehicle was around 150 to 300 meters from the truck.59 44. The soldiers fired numerous shots at the truck with their regulation weapons and an M16 rifle,60 which hit the back gates and the cabin, but not the tires.61 During the shooting, the co-driver Máximo Ruben de Jesus Espinal was mortally wounded, and his body was thrown from the truck.62 The soldiers who were in pursuit saw Mr. Espinal’s body fall from the vehicle; nevertheless, they continued on without stopping.63 45. Regarding the shots fired at the truck, there are conflicting statements. The truck driver and the surviving victims asserted that the soldiers knew that the truck was carrying supra, folio 1572; Interrogation of Michel Françoise, supra, folio 1581; Testmony of Rose Marie Dol, supra, folio 1585; Testmony of Renaud Tima, supra, folio 1586; Affidavit prepared by Joseph Desravine, supra, folio 567 and Statement made by Josier Maxime during the public hearing. 58 Cf. Interrogation of Johannes Paul Franco Camacho on July 18, 2000, supra, folio 1568; Interrogation of Johannes Paul Franco Camacho on June 19, 2000, supra, folio 1664; Interrogation of Bernardo de Aza Núñez on July 19, 2000, supra, folio 1576; Interrogation of Bernardo de Aza Núñez on June 19, 2000, supra, folio 1659; Interrogation of Wilkins Siri Tejeda on July 17, 2000, supra, folio 1636; Interrogation of Wilkins Siri Tejeda on June 19, 2000, supra, folio 1672; Interrogation of Ferison LaGrange Vargas on June 19, 2000, supra, folio 1653; Interrogation of Ferison LaGrange Vargas on July 17, 2000, supra, folio 2691, and Interrogation of Santiago Florentino Casilla on June 19, 2000, supra, folio 1668. 59 Cf. Interrogation of Johannes Paul Franco Camacho, July 18, 2000 (file of annexes to the merits report, tome II, folio 1569); Interrogation of Johannes Paul Franco Camacho, June 19, 2000 (file of annexes to the merits report, tome II, folio 1665); Interrogation of Bernardo de Aza Núñez, July 19, 2000 (file of annexes to the merits report, tome II, folio 1577); Interrogation of Bernardo de Aza Núñez, June 19, 2000 (file of annexes to the merits report, tome II, folio 1660); Interrogation of Wilkins Siri Tejeda, July 17, 2000 (file of annexes to the merits report, tome II, folio 1636); Interrogation of Wilkins Siri Tejeda June 19, 2000 (file of annexes to the merits report, tome II, folio 1672); Interrogation of Ferison LaGrange Vargas, June 19, 2000 (file of annexes to the merits report, tome II, folio 1653) and Interrogation of Ferison LaGrange Vargas, July 17, 2000 (file of annexes to the merits report, tome II, folio 2692). 60 Cf. Interrogation of Johannes Paul Franco Camacho on July 18, 2000, supra, folio 1569; Interrogation of Johannes Paul Franco Camacho on June 19, 2000, supra, folio 1664; Interrogation of Bernardo de Aza Núñez on July 19, 2000, supra, folio 1577; Interrogation of Bernardo de Aza Núñez on June 19, 2000, supra, folios 1659 and 1660; Interrogation of Wilkins Siri Tejeda on July 17, 2000, supra, folio 1636; Interrogation of Wilkins Siri Tejeda on June 19, 2000, supra, folio 1672; Interrogation of Ferison LaGrange Vargas on June 19, 2000, supra, folio 1653; Interrogation of Ferison LaGrange Vargas on July 17, 2000, supra, folio 2692; Interrogation of Santiago Florentino Casilla on June 19, 2000, supra, folio 1668; Affidavit prepared by Félix Antonio Núñez Peña, supra, folio 1549; Interrogation of Félix Antonio Núñez Peña, supra, folio 1572; Interrogation of Michel Françoise, supra, folio 1581; Testmony of Sylvie Felizor, supra, folio 1584; Testmony of Rose Marie Dol, supra, folio 1585; Testmony of Renaud Tima, supra, folio 1586; Testmony of Selafoi Pierre, supra, folio 1587; Testmony of Joseph Pierre, supra, folio 1588; Testmony of Rose-Marie Petit-Homme, supra, folio 1639; Affidavit prepared by Joseph Pierre, supra, folio 564; Affidavit prepared by Joseph Desravine, supra, folio 567 and 568; Affidavit prepared by Sonide Nora, supra, folio 571, and statements made by Noclair Florvilien and Josier Maxime during the public hearing. 61 Cf. Judicial assessment decision of the Joint Court Martial of First Instance of the Armed Forces and the National Police of July 24, 2000 (file of annexes to the merits report, tome II, folio 1559). 62 Cf. Interrogation of Félix Antonio Núñez Peña on June 19, 2000, supra, folio 2666. 63 Cf. Interrogation of Johannes Paul Franco Camacho on July 18, 2000, supra, folio 1569; Interrogation of Johannes Paul Franco Camacho on June 19, 2000, supra, folio 1664; Interrogation of Bernardo de Aza Núñez on July 19, 2000, supra, folio 1577; Interrogation of Bernardo de Aza Núñez on June 19, 2000, supra, folio 1660; Interrogation of Wilkins Siri Tejeda on July 17, 2000, supra, folio 1636; Interrogation of Wilkins Siri Tejeda on June 19, 2000, supra, folio 1672; Interrogation of Ferison LaGrange Vargas on June 19, 2000, supra, folio 1653; Interrogation of Ferison LaGrange Vargas on July 17, 2000, supra, folio 2692, and Interrogation of Santiago Florentino Casilla on June 19, 2000, supra, folio 1668. 16